A durable power of attorney is one of the most important components of a comprehensive California estate plan. This written document is created by one person, you, to allow another individual to act on your behalf. This durable power of attorney remains effective over the course of your lifetime, even in the event you become incapacitated and unable to speak or act on your own.
A durable power of attorney does give further security in your estate plan. However, it is not a foolproof safeguard against conservatorship or a legal proceeding in which someone else is appointed to manage you. Many institutions may not take a durable power of attorney because they may require their own format to enact the durable power of attorney or because they suspect it lacks legal validity. And a durable power of attorney could be revoked by a court-appointed conservator.
To understand these complex issues involved in incapacity planning and to ensure that you have the right documents lined up to protect you in the future, it is best to speak with a Pasadena estate planning lawyer who has experience in this field. Our Pasadena estate planning attorneys can walk you through what it looks like to create a holistic estate plan and to enable you to have clarity over who is eligible to manage things on your behalf if you become incapacitated.
